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TMI Blog2009 (11) TMI 943X X X X Extracts X X X X X X X X Extracts X X X X ..... t R.45,88,700 as against ₹ 18,73,270 declared by the assessee by invoking provisions of section 50C of the Income-tax Act, 1961 (the Act). 3. Facts of the case, in brief, are that the assessee during the impugned assessment year has sold an industrial gala for a consideration of ₹ 20 lakhs. The Assessing Officer observed that the stamp duty authorities have valued such property at ₹ 44,62,000. However, the assessee has computed the capital gain at ₹ 18,73,270 after deducting cost of gala at ₹ 1,04,000 and stamp duty of ₹ 22,700. The Assessing Officer asked the assessee to explain as to why the sale value of gala should not be considered at ₹ 44,62,000 as per section 50C of the Act since the stamp ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 377; 44,62,000 u/s. 50C and made the addition of ₹ 25,88,700 as short term capital gain being the difference between the amount declared by the assessee and the amount finally determined by him. 5. In appeal the learned CIT(A) upheld the action of the Assessing Officer. Aggrieved with such order of the CIT(A), the assessee is in appeal before us. 6. After hearing both the sides, we find there is no dispute to the fact that the assessee has sold the industrial gala at ₹ 20 lakhs as per agreement dated 28th December, 2005. There is also no dispute to the fact that the value adopted by the stamp duty authorities for registration of the above gala was ₹ 44,62,000. There is also no dispute to the fact that when the Assess ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... puted in any appeal or revision or no reference has been made before any other authority, court or the High Court, the Assessing Officer may refer the valuation of the capital asset to a Valuation Officer and where any such reference is made, the provisions of sub-sections (2), (3), (4), (5) and (6) of section 16A, clause (i) of sub-section (1) and sub-sections (6) and (7) of section 23A, sub-section (5) of section 24, section 34AA, section 35 and section 37 of the Wealth-tax Act, 1957 (27 of 1957), shall, with necessary modifications, apply in relation to such reference as they apply in relation to a reference made by the Assessing Officer under sub-section (1) of section 16A of that Act. [ Explanation 1 ] .-For the purposes of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d as should and the Assessing Officer has no discretion but to refer the matter to the DVO for the valuation of the property when the assessee has raised an objection that the value adopted or assessed by the stamp valuation authority exceeds the fair market value of the property. Since the assessee in the instant case has objected before the Assessing Officer in writing for substituting the value adopted by the stamp valuation authority, therefore, in our opinion the Assessing Officer should have referred the matter to the DVO as per the provisions of subsection (2) of section 50C of the Act. We, therefore, deem it proper to restore the matter back to the file of the Assessing Officer with a direction to refer the matter to the DVO and d ..... X X X X Extracts X X X X X X X X Extracts X X X X
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